Professional Ethics/Development/Scope of Practice (IDFX/IDPX) Flashcards
Scope of Practice
Agency Duties
Legal Issues
PX
- By the terms of a contract. Written or Oral. Services and Responsibilities of Interior Designer cannot be extended without written consent of the owner
- It’s established by legislative enactment, such as building codes, licensing and title laws
- Established by the Interior Designer’s conduct. Courts look at implied duties. Designer MUST consult with client. Can be held liable for the consequences of action or inaction
Scope of Practice
Agency Liability, Negligence and Risk management
Legal Issues
PX
- Negligence is the failure to use due care to avoid harming another person or property
- Designer is only expected to perform to the standards of the professional community and the generally accepted knowledge, practice, and procedures of that community
Scope of Practice
What is the process for Claims
Legal Issues
PX
- Designer handles all claims including errors and omissions. This is required prior to mediation, arbitration or litigation.
- Designer does not decide disputes between contractor and any other person other than the owner.
- All claims must be initiated by written notice and within 21 days after occurrence or within 21 days after the claimant first recognizes the condition giving rise to the claim, whichever is later.
- Designer investigates any claims for concealed or unknown conditions
- Designer decides if parties do not come to an agreement
- Claims are reviewed within 10 days of receipt
- Approval or rejection of the claim by the designer is final and binding, but it will be subject to mediation and arbitration if the other parties so desire.
Scope of Practice
What is the process for Mediation?
Legal Issues
PX
- Precedes arbitration.
- All parties share the mediator’s fee and filing fees equally.
- Meeting is held at place where project is located, unless otherwise mutually agreed upon.
- Agreements reached are enforceable as settlement agreements in any court.
Scope of Practice
What is the process for Arbitration?
Legal Issues
- Claims not resolved by mediation, are decided by arbitration.
- Decision is Final and binding
Scope of Practice
What is Copyright?
Legal Issuses
Copyright protection have 2 categories
- Drawings, specifications, pictorial, or graphic representations of the designer’s work (Designer owns the drawings)
- Building itself (Designer owns the design)
Scope of Practice
What is Public Relations?
- It establishes and communicates the firm’s presence to various groups of public on many different levels
- Public relations is not tied to a particular potential job or single potential client
Scope of Practice
What are Trade Sources?
ANY dealer, manufacturer, representative, subcontractor, or tradesperson who supplies good or services
Professional Ethics
What is the Professional Code of Ethics?
Defined by historical practice as well as by codified standards developed by a profession’s trade organization
* Designers are expected to ALWAYS conduct business or practice in an Ethical manner, and this will apply throughout our careers.
Professional Ethics
What are the ASID Code of Ethics?
- Responsibility to the Public
- Responsibility to the Client
- Responsibility to Other interior designers and Colleagues
- Responsibility to the Profession
Professional Ethics
Comply with local jurisdiction’s Laws and Codes
ASID Code of Ethics
Responsibility to the Public
Professional Ethics
Have a contract that that includes: Scope of work, a list of services and a method of compensation at a very least
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Not interfere with other designer’s contracts or breach any contracts with them
ASID Code of Ethics
Other Designers and Colleagues
Professional Ethics
Maintain a standard of professionalism that reflect respect for the profession
ASID Code of Ethics
Profession
Professional Ethics
Not take any work that does not belong to the designer upon leaving employment unless permission is granted
ASID Code of Ethics
Employer
Professional Ethics
Keep client information confidential
ASID Code of Ethics
Employer
Professional Ethics
Continue education in order to maintain or acquire knowledge
ASID Code of Ethics
Profession
Professional Ethics
Encourage and continue to share knowledge with others
ASID Code of Ethics
Profession
Professional Ethics
Offer a second opinion or testify in court as an expert witness as long as there is no conflict of interest
ASID Code of Ethics
Other Designers and Colleagues
Professional Ethics
Not communicate in a way that is detrimental to or harms other designers
ASID Code of Ethics
Other Designers and Colleagues
Professional Ethics
Always respect sensitive information that is given to you by other colleagues
ASID Code of Ethics
Other Designers and Colleagues
Professional Ethics
Not accept to plagiarize other designer’s work
ASID Code of Ethics
Other Designers and Colleagues
Professional Ethics
Always be honest, fair and respectful to others in the trade
ASID Code of Ethics
Other Designers and Colleagues
Professional Ethics
Offer professional services to a client for any form of legal compensation
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Not accept work for which designer is not trained or experienced to do it correctly
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Not accept undisclosed compensation. Must always be transparent about compensation
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Only use client photos if an agreement has been reached ahead of time
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Keep projects and names of clients confidential.
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Always act in the best interest of clients when dealing with vendors
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Not appropriate projects you didn’t work on
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Always communicate in a truthful manner
ASID Code of Ethics
Responsibility to the Clients
Professional Ethics
Must follow State laws and only sign and seal drawings if permitted by State licensure regulations. Most States that offer Licensure or Registration require Designers to be Certified by the National Certification of Interior Designers Qualifications. (NCIDQ)
ASID Code of Ethics
Responsibility to the Public.
Professional Ethics
ALWAYS place Health and Safety first. It’s a duty and a responsibility to make sure that all interested parties are informed if there is a deficiency during the course of the project. Never consent to participate in covering issues that violate laws and put the public in danger
ASID Code of Ethics
Responsibility to the Public.
Professional Ethics
Must not participate in False Advertising or Promotion
ASID Code of Ethics
Responsibility to the Public.
Professional Ethics
Must not partake of illegal conduct
ASID Code of Ethics
Responsibility to the Public.
Professional Ethics
Must not take or offer bribery to public officials
ASID Code of Ethics
Responsibility to the Public.
Professional Development
What are the Professional Organizations?
- ASID - Constituency based (favors residential practitioners)
- IIDA - Constituency based (favors commercial practitioners)
- US Green Building Council - Cause-based organization
- NKBA - promotes a particular area of expertise (Kitchen and Bathrooms)
Professional Development
What organizations offer continuing education, networking opportunities, online seminars and information and lobby at local and national levels?
ASID and IIDA
Professional Development
What are the two most common types of professional licensing acts?
- Practice act:
* Requires ANYONE who practices obtains a license from the state - Tite act:
* Regulates who may use the title of “interior design”
Professional Development
What is IDCEC?
Interior Design Continuing Education Council
Approves CEU Credits